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A. General Requirements. Where development moratoria are applicable, all applications for permits or approvals relating to non-forestry uses of land (e.g., building permits, development applications, project construction, subdivision approvals) shall not be accepted by Pierce County for a period of six years. All development moratoria established in this Chapter shall be mandatory, pursuant to Chapter 76.09 RCW.

B. Applicability of Development Moratorium. The applicability of 6-year development moratoria pursuant to Chapter 76.09 RCW shall be as follows:

1. Class I forest practices shall not be subject to a 6-year development moratorium when conducted in accordance with Chapter 76.09 RCW and its rules.

2. Class IV-General forest practices approved by Pierce County shall not be subject to a 6-year development moratorium when conducted in accordance with Title 18H PCC and all associated conditions of approval imposed on the approved forest practices permit.

3. Class II, III, or IV-Special forest practices with an associated COHP, shall not be subject to a 6-year development moratorium when conducted in accordance with Chapter 76.09 RCW and its rules, an approved forest practices permit (if applicable), and the Pierce County approved COHP.

4. Class II, III, or IV-Special forest practices which do not have an associated COHP shall result in the imposition of a 6-year development moratorium.

5. Any forest practice conducted in violation of Chapter 76.09 RCW or its rules, and/or Title 18H PCC including failure to comply with the conditions of an approved forest practices permit or failure to obtain required forest practices permits or approvals, shall result in the imposition of a 6-year development moratorium.

6. The violation of an approved COHP or condition of a COHP approval shall result in the imposition of a 6-year development moratorium.

C. Consequences of a Development Moratorium.

1. Pierce County shall not accept applications for any development of land that is subject to a 6-year development moratorium. Provided that any reports or studies associated with a request for a single-family dwelling exception pursuant to PCC 18H.30.050 may be accepted, reviewed, and approved in conjunction with the request.

2. In those cases where a development moratorium is imposed on a parcel that is subject to pending development applications, Pierce County shall immediately cease to review the applications and shall deny the applications. The County shall provide notice of the moratorium to the applicant prior to the denial of applications and shall allow the applicant 30 days from the date of the notice to apply for moratorium removal pursuant to 18H.30.040. If an application for moratorium removal is received during the 30-day period, the denial of any development applications will be postponed until such time as a decision on the moratorium removal request is rendered.

3. All development moratoria imposed by Pierce County shall extend to the harvest area, including any associated road construction, indicated in the forest practices permit. If no forest practices permit was issued, or a condition of a COHP approval is violated, the moratorium shall apply to the entire parcel.

4. Pierce County shall notify the appropriate State agency if a forest practices activity that meets the definition of a Class II or III forest practices has been initiated on a parcel without an approved forest practices permit.

D. Effective Date of a Moratorium.

1. The 6-year development moratorium shall be imposed from the effective date of the applicable Class II, Class III, or Class IV-Special forest practices permit.

2. If forest practices occur on a site without the appropriate permit, a 6-year development moratorium shall be imposed from the date the unpermitted forest practices were documented by Pierce County or DNR.

3. Where a site is subject to an approved forest practices permit with or without a COHP, forest practices occurring at the site which are outside the scope of the approved permit shall be considered unpermitted forest practices for moratorium purposes. In these cases, a 6-year development moratorium shall be imposed from the date the unpermitted forest practices were documented by Pierce County or DNR.

4. If a condition of a COHP approval is violated, a 6-year development moratorium shall be imposed from the date the unpermitted forest practices were documented by Pierce County or DNR.

(Ord. 2021-42s § 5, 2021; Ord. 2017-89s § 5 (part), 2018; Ord. 2009-18s3 § 6 (part), 2009; Ord. 2006-103s § 3 (part), 2006; Ord. 2004-58s § 5 (part), 2004)